Publications - Dispute Resolution: Litigation and Arbitration
Spain: Royal Decree-Law 8/2020 of March 17, 2020 launches urgent and extraordinary measures to confront the economic and social impact of COVID-19
The March 18, 2020 edition of the Official State Gazette has published Royal Decree-Law 8/2020 of March 17, 2020 on urgent and extraordinary measures to confront the economic and social impact of COVID-19. The decree-law comes into force on its…
COVID-19: Royal Decree declaring situation of emergency published
On March 14 Royal Decree 463/2020 was published declaring a state of emergency to manage the COVID-19 public health crisis (“the Royal Decree”).
Coronavirus: companies must look out for insurance policies, contracts, employment relations and possible lawsuits
The impact of the health crisis on the business world may have consequences from a contractual, litigation, employment, regulatory and even criminal perspective. The broad range of cases must be addressed individually from a multidisciplinary legal…
Impact of the reform of the Peruvian Arbitration Law following the Odebrecht case
The Peruvian Government has amended its Peruvian Arbitration Law due to the pressure of the Odebrecht case. We analyse, from a critical perspective, the impact and consequences of these amendments brought by the Urgency Decree No. 020-2020.
Mobile World Congress cancellation: who should bear the losses?
The concept of force majeure will be key when it comes to claiming responsibilities, but it will be necessary to analyze, on a case-by-case basis, what damages we are talking about, against whom will the claim be made and what specific…
Brexit is here: how companies will be affected
On January 31 the UK's withdrawal from the European Union took effect and a transition period began until December 31 this year, in which EU law will continue to be applicable in relationships with the United Kingdom, while waiting for a future…
Investor-State arbitration and sustainable development: environmental-related claims on the rise
Disputes related to environmental matters are frequent in the context of investor-state arbitration and are likely to increase in years to come. Claims vary from alleged breaches by host states because of environmental permit denials to…
The outcome of the IRPH litigation against Spanish banks could have European-wide consequences
On September 10, the Advocate General (AG) issued his opinion on a preliminary ruling to be rendered by the Court of Justice of the European Union (CJEU) regarding a lawsuit in Spain over the validity, under the European directive on unfair terms in…
Helms-Burton act: what does it involve and what defense and reaction mechanisms do the European individuals and companies have
On May 2, 2019, Title III of the Helms-Burton Act came into force, governing the possibility for U.S. citizens affected by the expropriation of properties due to the Cuban revolutionary process to take legal action to claim compensation from the…
The ECJ allows Spanish courts to preserve mortgage foreclosure proceedings in the event of early termination of consumer mortgage loans
A judgment of the Court of Justice of the European Union (ECJ) confirms the possibility of replacing an unfair early termination clause in a loan agreement by the application of article 693.2 of the Spanish Civil Procedure Rules (LEC), declaring…
Tough cheese: taste is not protected by copyright
The taste of a cheese can’t be protected by copyright because it is not a “work”.
A Bill poses a threat to quality assurance in arbitrations in Peru
Arbitrator quality defines the quality of the process, and of the decision